Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BASHAYA & ORS.
V.
THE STATE

(1998) JELR 45643 (SC)    

Supreme Court  ·  SC.115/1996 ·  24 Apr 1998 ·  Nigeria
 · 
Other Citations
Bashaya v. State (1998) 5 NWLR (Pt.550) 351 (1998) 4 S.C 199
CORAM
MUHAMMADU LAWAL UWAIS JSC ABUBAKAR BASHIR WALI JSC MICHAEL EKUNDAYO OGUNDARE JSC EMMANUEL OBIOMA OGWUEGBU JSC UTHMAN MOHAMMED JSC

Ratio Decidendi

Core Terms Beta
pw2
pw1
evidence
defence of alibi
court of appeal
evidence of pw1
trial court
learned trial judge
scene of crime
senior advocate
5th accused
overwhelming evidence
accused persons
identification parade
lower court
3rd accused
trial judge
12th appellants
13th appellants
arrest of the said accused persons
learned justice
plateau state
said windscreen
such witnesses
2nd appellants
7th accused
basis of the finding of facts
brief facts of this case
charges of the accused persons
chief of ganawuri atar aten
conclusion of presentation of their respective cases
considered judgment
correctness of their identification
evidence 2nd
evidence of identification
following day
head chief of a village
jos high court
leading judgment
lead judgment of the court of appeal
learned director of civil litigation
learned senior advocate
official car
reliable evidence
remaining accused persons
subsequent evidence
tahoss village of plateau state
trial of the accused persons

WALI, J.S.C. (Delivering the Leading Judgment): As a result of the murder of Ayuba Chaimang the Chief of Ganawuri Atar Aten. on or about the 29th of November, 1991 at Tahoss Village of Plateau State, the following 18 (eighteen) persons were arrested and charged to court on various counts:-

1. Nani Dangida

2. Dan Awaza Bashaysa

3. Kampa Dachung

4. Danjuma Atsa

5. Gyang Mankon

6. Bandung Maren

7. Nyangai Dagong

8. Dandali Dara

9. Danduk Lochung

10. Isitfanus Kyata

11. Dachung Zango

12. Dalyop Dachu

13. Musa Dalyop

14. Bulus Davou

15. Boyi Dalyop

16. Gyang Ptam

17. Gyang Bashaya

18. Badung Dalyop

After their arraignment before Oyetunde, J. of Jos High Court, Plateau State the pleas to the charges of the accused persons that were present were recorded as follows:-

Conspiracy under section 97 of the Penal Code

1st. 2nd, 3rd, 5th, 6th, 7th, 8th. 9th, 10th. 11th, 13th. 14th. 15th, 16th, 18th, 19th, and 20th pleaded not guilty.

Culpable homicide under section 221 Penal Code

1st, 2nd, 3rd, 5…

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